Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 498A & 306 - Married woman committed suicide Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Explosive Substances Act, 1908 (6 of 1908) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | BAIL: Clandestine transportation, supply and unauthorized use of huge quantity of "specific category explosive substances" - Petition for bail - Rejected by High Court- Held: There is prima facie material to establish involvement of petitioners in activities violating the provisions of Explosive Substances Act - Consequences of such violation are extremely serious - Some of the accused are still absconding - Releasing the petitioners on bail at this juncture when the prosecution has not even commenced to examine the main witnesses could prove detrimental to eventual outcome of trial - Accordingly, the orders of High Court are affirmed - However, it is open to the petitioners to move fresh application for bail after the material witnesses_ are examined - Explosive Substance Act, 1908. An FIR was registered at Police Station, Port Blair on 21.06.2011 that a cargo ship had sailed from Chennai to Port Blair with huge quantity of unauthorized substances. Accordingly, a raiding party comprising police personnel reached the destination of the cargo ship. Some independent persons were also associated. The raiding party located the container unloaded from the cargo ship which was being loaded into a truck. With the assistance of the manager of the Shipping Company, another container was also located. Huge quantity of gelatine sticks, electronic detonators and "imported coated drilled ammonium nitrate" was recovered from the two containers. The petitioners were arrested. Their bail applications having been rejected by the trial court, they approached the High Court. Though some of the petitioners claimed that they were genuine quarry operators, possessing valid licences for carrying out quarry operations and the confiscated explosive materials were to be used in quarry operations, it was the case of the prosecution that firstly, the goods seized were "special category explosive substances", use whereof without due authorization in quarry operations would be infringement of the provisions of the Explosive Substances Act, 1908; and secondly, the goods were shipped in a clandestine manner in as much as gelatine sticks and electronic detonators were described as 'grease' and ammonium nitrate was described as 'salt' in the declaration manifest relating thereto. The High Court declined bail to the petitioners |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 4 |
Petitioner | N. Kannapan |
Respondent | State (union Territory} Andaman & Nicobar Islands |
SCR | [2013] 1 S.C.R. 103 |
Judgement Date | 2013-01-03 |
Case Number | 7532 |
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